The Big Four Oh
by SpecialAgentAMB
Summary: Tony's big birthday happens during a horrific case, and just as he believes nobody remembers, he gets a surprise visitor. Could be read as TIVA friendship or relationship, whichever floats your boat!
1. Chapter 1

_A/N: So this season, Tony's 40__th__ birthday should be coming up! At least it is if I remember how to count. Just a little cuteness about his birthday :) This is the first part of two which I am just putting the finishing touches on, so expect it either tonight or tomorrow!_

_Disclaimer: Let's see, I own a "I Love NCIS" coffee mug, a copy of a script of 5-2 "Family" with copies of everyone's signature, a really awesome frame of NCIS pictures my mom made me, a whole bunch of NCIS pins… alas, the rights to NCIS was not in my birthday bag. Maybe next year!_

**~*~**

Tony flung his keys and wallet on the end table and fell into the couch with a groan. Shifting uncomfortably, his suit jacket tugged awkwardly at his arm. He attempted to remove his jacket without sitting up fully, resulting in a tearing noise coming from his left armpit. Groaning again, he lifted his arm up to inspect the damage, seeing that the seams had ripped, causing a large hole.

_Great,_ he thought, unmoving as he debated his next move. _I wonder how much the tailor is going to charge me for that._ He sat up quickly, angrily throwing his suit jacket across the room, only to have it hit an unfinished open beer bottle he had forgotten to clean up the night before. He could hear the sizzling of the bubbles as it poured onto his coat and carpet.

He sighed and hit the side of his couch as he jumped up, furiously striding over to the mess. As he grabbed at the carpet cleanser and paper towels, he noticed he had three new messages since the last time he checked. He pressed play, hoping that they'd at least put him in a better mood.

The machine beeped as he began spraying his rug with the cleanser. "_I am calling for Mr. DiNozzo. Mr. DiNozzo, your car payment is two weeks past due…_" Tony jumped up and hit delete. Two weeks ago… that was the start of this God awful case…

"_Hello Tony, this is Claire from Dr. Reeve's office. You were supposed to have your appointment with him yesterday. This is the third time you have missed your appointment with this office without warning and quite frankly, it's becoming hazardous to our business. If this happens again, we will either charge you for your appointment or ask you to find another dentist office…_" BEEP. Tony deleted the second message. Wasn't anyone grateful for the work that he was doing? Taking swine off the street so people like Claire wouldn't have to be afraid to walk to their cars at night?

"_Hey Buddy! It's Ralph, just calling to wish you a happy birthday! I'd offer to take you out to a bar and be your wingman or something, but oh man, buddy, I'm down in Puerto Rico with the most gorgeous babe you'd ever meet! She'd…_" BEEP. At least somebody remembered it was his birthday.

Finished cleaning up the mess, he sat back down on his couch more carefully this time, loosening his tie and turning on the T.V. He didn't care what was on, as long as there was noise and pictures, he'd let his mind wander.

Two weeks ago, MCRT had received a case about an overseas Marine's murdered wife and their young daughter. Needless to say, Gibbs was a bit tougher on them then normal, and the agents found themselves running on caffeine and fear for most of the 14 days. Finally, the case shut down just a few hours ago, when the four of them, along with Abby's and Ducky's help, finally figured out who the murderer was. Their leader sent them home before writing their reports, telling them he'd see them tomorrow after lunchtime.

Through all the chaos, everyone forgot that today was Tony's birthday. Hell, Tony forgot that it was coming up until about two days ago. He didn't expect a party or anything, especially not during such a horrid case, but someone taking an extra five seconds in their conversations to say "Hey, happy birthday!" would have been nice.

And this wasn't just any birthday. This was his 40th birthday. The big four oh. He was now officially entering his fifth decade of life. Normally he enjoyed celebrating his birthdays. But not this year… _Forty is different_.

He glanced at the clock, reading 12:58am. _Well, not really my birthday anymore._ Deciding that it was too late to do anything, even watching a movie, he shut off his T.V. and headed towards his bedroom.

The knock on his door came quietly just as he exited his bathroom. At first he wasn't sure there was a knock at all, until it came again just a bit more forceful. Walking back towards his door only clad in worn out OSU sweatpants, the knocks became quicker in succession and a bit harder. "OK, OK, hold your horses, I'm coming," he muttered, opening his door without even checking who it was.

It surprised him to see Ziva, still dressed in her work clothes, though she took her hair down from the tight bun she had been sporting all day, holding a single cupcake with a lit candle. He stared confused at the cupcake, then back up to her smiling face.

"I know I'm a bit late, but happy berated birthday," She said, holding out the cupcake.

He chuckled and moved away from the door to allow her inside. "It's belated. And thank you. I didn't think anyone remembered," he said, following her into his kitchen.

She looked up him after setting down the cupcake on his counter. "I remembered, Tony. I just didn't want you to associate your birthday with such an awful case," she said quietly. "I was hoping to have a bit more for you, but I haven't had any time to buy you a gift or make you a cake or anything."

He eyed the cupcake that now sat in front of him. "Isn't this that really chocolate-y cupcake you gave Abby last year?"

She chuckled at the memory. "Yes. I had bought this for myself two days ago as a stress reliever from the case. I never got around to actually eating it." She watched him as he stared at the cupcake, lost in his own thoughts. "Go on, make a wish," she whispered. He looked up at her, cocking his head to one side, confused. "Isn't that what you're supposed to do on your birthday when you blow out your candles?"

He smiled, shifting his gaze back to the chocolate goodness in front of him. "Yeah, just surprised you knew that."

"I have been in America for how many years now, Tony? I do believe I have picked up on a few things," She said, her fake anger giving away her amusement.

He didn't say anything in response, only continued to stare at his makeshift birthday cake. What would he wish for? There really wasn't anything he wanted…

Except there was. He wanted everything different, yet everything to be the same. He wished he had made other choices in his life that would have led to a similar life he had now, just… different. Better?

He looked back up at Ziva, who was waiting patiently for him to blow out the candle, though his hesitation began to make her concerned. If there was one thing he learned, it was that you can't change the past; you can only shape the future to how you want it.

He smiled again and blew out the lone candle, thinking _No matter what, let Ziva and I continue to be in each other's lives. Some how. I don't care how. Let Ziva stay_.

She reached for the unlit candle, licking the frosting off of the bottom while he walked around her to his cabinets. "What are you doing?" she asked as he pulled out two plates and a knife.

"C'mon, I know it's my birthday, but I'm not a complete hog. We're splitting my birthday cake."

"Tony, there is just enough for one person. There would hardly be two bites if you split it."

He looked back up from her, sending her a fake evil glare. "This is my birthday, and my birthday cake, so I get to do what I want with it, right?" She sighed and nodded. "So then, if I want to share it with you, then I will share it with you." With that, he cut the cupcake evenly, and handed her a plate. "Want a fork?"

"Who eats cupcakes with a fork?" She laughed, dipping her finger in the icing.


	2. Chapter 2

_A/N: Thank you for those wonderful reviews! This conversation that's coming up was the whole idea of the story, but Tiva cuteness got in the way last chapter. This section is really short, but it didn't flow right without a chapter separation. I tried adding a bit more, but then it didn't work as well. Tags a bit to "Silent Night" from season 6!_

_Disclaimer: Did I ever mention that my mom made me a collage of Michael Weatherly pictures? Yeah, I own that. Not NCIS._

**~*~**

They lounged in his living room an hour later, the dirty plates lay forgotten on the coffee table in front of them. Ziva was nodding off, her head tilting forward then backwards, but Tony was more awake than he had been when he returned home. But he couldn't concentrate on the movie in front of them. "Hey, Ziva?"

"Hmm?" She stirred, sitting up and looking his way.

"Remember a couple of winters ago, when we had that case right around Christmastime, you had asked me if I ever regretted not having kids?"

She sat up a bit straighter, waking up more now that the conversation was taking a serious turn. She turned to face him and nodded.

"When you asked me, I didn't know what my answer was. I had never considered kids. I was happy with the way my life was, and with kids, you need a house, you need a wife, or at least a serious relationship. I didn't have any of that, and I was perfectly content with that. But now…" He trailed off, unable to look at the woman sitting next to him. "Now, I'm 40. I'm a full-fledged adult. I mean, most of my buddies are either still playboys or they've been married with kids for years." He trailed off, looking away from her, not entirely sure what to say next.

She stared at him, quite alert now. "It's not too late now, Tony. If you want to get married and have kids, you're not too old."

He snorted humorlessly. "Yeah, but what kind of girl would want me? I'm old, I don't entirely have the greatest track history with relationships, I have a dangerous job…" He paused when he noticed the strange look on her face.

"Maybe," She began slowly, shifting her gaze away. "Maybe you just need a girl… woman that understands you. Why you've chosen to risk your life every day for the benefit of others. How much you've changed in the past couple of years." She looked back and held his gaze. "You're certainly not the same man I met all those years ago."

He smiled gently. "You're not quite the same woman I met then either."

She returned his smile. "We have just matured, that's all."

"That's all? Ha, for us, that's quite a lot." She raised her eyebrows at him. "OK, for me then." She giggled.

"Don't worry, Tony," she said, leaning forward to hold his hand with hers. "You'll find someone."

"What about you?"

She leaned back, not expecting that response. "What about me?"

He chuckled. "You think you'll find someone settle down with? Maybe raise a bunch of little ninja rug-rats with?"

Ziva relaxed, understanding what he was asking. "I might find someone, yes. I did not think it was possible for me, but now I'm surprised at all of my opportunities and possibilities."

"What about Damon?"

She paused again, her eyes searching his. He wasn't joking or teasing or acting jealous. He was asking her seriously, just as Abby or McGee might have asked her. He was honestly curious. "Damon was conveniently offered a good, full-time job in Ohio. And I know from experience that I am no good with long-distance relationships."

"It wouldn't be across the ocean, though."

"No, but I like my job and life here in D.C., and he has fallen in love with Ohio. If I am going to look for someone to settle down with, I should look a bit closer to home."

Tony became elated, for various reasons. But even more importantly than Damon being officially out of the picture, she referred to here as _home_.

Maybe he'd get his birthday wish after all.


End file.
